Ohio Gov. Mike DeWine signed an executive order on Tuesday that lets the state’s colleges give Class of 2022 athletes a fifth season in 2026-27, even though NCAA rules say their eligibility has run out. It is the first order of its kind from a governor, and the NCAA answered it the same day.
The NCAA moved this summer to an age-based model that gives athletes five years to play five seasons, with the clock starting at age 19 or at first full-time enrollment, whichever comes first. The 2022 high school class was not grandfathered in, leaving players who have used four seasons without the fifth year available to the classes around them.
DeWine’s three-page order bars Ohio’s public and private schools from enforcing rules that keep those athletes from competing. To qualify, a player must be 24 or younger, remain academically eligible and never have signed a pro contract. The order does not require any school to put one of them on a roster.
“When the rules change, fairness has to remain part of the equation,” DeWine said. “We want Ohio’s student-athletes to have the same opportunity as student-athletes in other states.”
“It’s important we do not deprive our current student-athletes of the same opportunities enjoyed by their peers,” Lt. Gov. Jim Tressel said in support of the order.
NCAA president Charlie Baker answered in a letter to member schools:
“The Governor of Ohio cannot legislate NCAA eligibility rules. One elected official seeking to make their own rules for their own schools’ advantage is a terrible way to run athletic competitions and precisely why Congress must pass the PCSA as soon as possible,” Baker wrote. “Eligibility rules established through the Association’s governance process have been and will continue to be applied consistently across the membership by the NCAA including in the state of Ohio.”
An executive order from Ohio governor Mike DeWine, which appears to impact every Class of 2022 athlete at a college in Ohio who is seeking a fifth year. (And hasn’t played professionally.) Essentially, he’s saying NCAA rules can’t trump the rules of the state of Ohio. https://t.co/bIxTsqwXoP
— Pete Thamel (@PeteThamel) October 13, 2026
NCAA rebuttal: “The Governor of Ohio cannot legislate NCAA eligibility rules.” https://t.co/c3gcSZRhbK
— Pete Thamel (@PeteThamel) October 14, 2026
Can an Ohio school actually play a Class of 2022 athlete now?
Ohio’s First District Court of Appeals reversed a trial court ruling on Oct. 2 in Borovicanin v. NCAA, a case brought by 24 players, including Xavier’s Filip Borovicanin and Cincinnati’s MJ Collins, after pausing their injunction in August.
In Colorado, the 10th Circuit stayed a national injunction for the 2022 class in August and heard oral arguments in Wisne v. NCAA on Tuesday. Those are the appellate rulings Baker pointed to when he wrote that multiple courts have sided with the NCAA.
The order states that it does not direct any court or require any school to act against a court order. That leaves it as political cover for a school willing to test the NCAA, with no mechanism to force the association’s hand.

Ohio State is not expected to be affected, since its football roster is set for the season and neither of its basketball programs is expected to use the order. Baker’s letter also stopped short of spelling out what would happen to an Ohio school that played a Class of 2022 athlete. The players with the most direct stake are the Borovicanin basketball plaintiffs, whose season opens next month.
The bill Baker cited, the Protect College Sports Act, would write the NCAA’s age-based policy into federal law, and the U.S. House is preparing to take it up. It would not wipe out eligibility lawsuits filed before it is signed.
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